Good. Good afternoon. Um, this is the April 22nd, 2025 special magistrate hearing. Is that normal?
>> It's echoing. I am too. Try it again. April 22nd, 2025, a special magistrate hearings um are now open. Um madam cler, could you read the
announcements, please? The purpose and function of the Jacksonville Beach special magistrate hearing in accordance with the Florida statutes chapter 162 in the city of Jacksonville Beach code of ordinances is to reach an equitable expedition to
enforce the codes. The city presents the violation and evidence to the special magistrate. Next, the property owner is sworn in in response to the violation and evidence. Both the city and the property owner may call witnesses to provide sworn testimony relevant to the
case. This is a quasi judicial hearing, not a public forum. Individuals not called as sworn witnesses will not be heard. >> Thank you very much. Okay, Miss Beavers, would you like to start with the agenda?
>> Yes. >> Um, please raise your right hand, say your name and position. Nikki Bever Walker, City of Jacksonville Beach code enforcement officer. >> Do you swear and reffirm that the testimony you're about to give in this matter is the truth, the whole truth, and nothing but the truth. So, I hope you got >> I do.
>> Okay. Good afternoon. Good afternoon, your honor. Um, we can start with old business um on item A, case number 25345. This is a update on property owner Linda
Huffman violation address 501 16th Avenue South Jackson Beach, Florida. This was in regards to a nuisance violation. Um that was started back in October.
During your last hearing, um, this property, it was ordered that Miss Huffman come into compliance, bring the property into compliance. Until then, a order of $100 per day was issued. Um, up
until today, uh, me or David Martin has not been able to com to verify compliance. Um, we would like to start the lean process. From the last order on October 30th, the
fines have reached a total amount now of $17,400. >> Um, I do have a couple of questions. You said that you neither you nor David Martin have been able to verify compliance. Correct. Have you >> have you been is this M is Mr. Martin
behind you? >> Yes. >> Okay. I might ask you to also verify that at some point. But um have have either of have you been in touch with uh Miss Huffman at all?
>> No, we have not. Um, I did send a notice of hearing to Miss Huffman. Um, I did not get any response in regards to any compliance. Her grandson did contact me last week. >> Who did? >> Miss Huffman's grandson.
>> Okay. >> And he stated, >> "And what's the grandson's name?" >> Um, I did not document his name. I didn't ask him his name. >> How did he contact you? >> By phone. And what was the content of the
>> He um asked he had saw the notice of hearing and just I gave him a brief update on um the background of the case. Um he stated that he was not aware that
things had gotten that bad because he had been away for some time and that he was working on getting everything cleaned up. He also asked about the fines to see if he could just pay the fines, but I told him once he is able to
allow me or David to come and verify compliance that this the fines would stop at that time. >> Okay. And what day was that that he called you? >> This was I want to say last Wednesday. >> Okay. So, one week ago.
>> Yes. And um one of the clerks told me today that he called probably around 11:30, 12 o'clock to verify that the hearing was going to be um today. >> Okay. >> Okay. one. Do you happen to know which clerk
he spoke with? >> Um, Susan. He spoke with Susan. >> Oh, can do you have a last name? This is for the record. >> Brian. Susan. Brian. And that was just to verify today's
hearing date or time. >> Um when you when you spoke to him last week, um did he say that he was going to clean it up? Yes, he stated that he was going to work on getting everything
cleaned up. >> Did he give you any time frame? >> No. Um, I just asked him to follow up with me once everything was completed. Okay. And M beaver, does the city have a recommendation?
>> Yes. Um, my recommendation would be to either be able to verify compliance. If not, then we will start the Ling process. Okay. And and uh just for clarity for filing the uh for beginning the lean
process, it's basically just a um filing in the public records a certified copy of of the special magistrate's final order. So, um I will I'll take that I take the city's
recommendation into account and um determine whether another order needs to be filed or whether the order from October is satisfactory.
>> Um so, because you haven't been able to verify compliance. You don't have any more recent photos. No. Is that correct? >> Correct. I don't have any um updates since our last hearing. >> One last question. Other than the notice
of hearing for today's hearing, uh were there any other times that you um attempted to reach out to Miss Huffman? >> No, not since the last order was mailed, the last order that you were on.
>> Okay. And you didn't have a conversation with her once she received that? >> No, I did not. The only conversation I've had was from her grandson last week. >> Okay. Um I'm going to ask Mr. Martin uh to be sworn in. >> Please raise your right hand. State your
name and position. >> David Martin, building inspector. >> Do you swear affirm that the testimony you're about to give in this matter is the truth, the whole truth, and nothing but the truth. So help you God. >> I do. >> Um thank you for being here today, Mr. Martin. I want to just um Is there
anything you want to add to Miss Bieber's testimony? >> Uh no. I did witness um I I think the grandson is is back in the in the home or the area now because I did witness a U-Haul over at the property and the gate was open. I did not approach or try to
make any contact, but it did appear that they may have been cleaning it up. They're here now. Maybe they have pictures of something. So, but we would need to be able just to go in there and verify, but we have not been able to go back. >> And and could you just tell me when you not observed? It was about a week or so
ago and it looked like it looked like they may have been using that to kind of clean some stuff up. So, >> okay. >> Thank you very much. >> I think I see Mrs. M Miss Huffman in the audience. Um would you like to come
forward? And um perhaps I see that there's some other people with you. Um, if they'd like to come forward also to be sworn in, >> please raise your right hand, state your name and address. >> Um, Linda C. Huffman,
5016th Avenue South, Jacksonville Beach, Florida 32250. Do you swear affirm that the testimony you're about to give in this matter is the truth, the whole truth, and nothing but the truth? So, help you God.
>> Yes, I do. >> So, help me God. >> Okay. Uh, you may proceed. >> Um, well, I This is really loud. I don't know what Okay. Thanks.
um I've been alone and you know we've I've been here before and I've told you my story and you know these little things that were making me feel better you know for a short period of time and
um since then I have gone through a living burning place And uh I have a neighbor who enlisted
two neighbors. They're they live together and they both teach at UNF and they enlisted a number of students to do things to my property including removing my mailbox twice.
Um, someone has taken the lock off of the gate, the double gate. I don't think it was you. It wouldn't have done that. Um they took it off and they put it on the ground.
Um there had been um my front door lock has been jiggled so I couldn't get into the house from the front door. The back uh sliding glass door to the living
room. There's, you know, one to the bedroom, the master bedroom, one to the living room. and um someone or some beings, you know, more than one, um removed it from the track.
I had somebody who tried to put it back on and couldn't get it back on. So, he said, "Well, let's, you know, it was like 8:30 at night. It was dark out. I couldn't get it into the house." Um, and also the latch for that sliding
glass door had been torched. It had been melted. So, I have to get a new sliding glass door. Um, the window on my on the Rena car, uh,
one of her students or one of their students did something one day. I saw him walking up and he almost hit the car as he was walking by. He did something. I don't know what he did, but it had to do with
the motor in the in the window or the power pack. I'm not sure whether it uses a battery or a motor. So, that rent a car. Um, now I have to pay for that damage that somebody else
did. the the window wasn't broken, but the motor to for it to go up and down um was damaged. So, I just had to tape some corrugated plastic over the area
to keep it from keep the car from getting wet. It's just been one thing after another. I had a brass screw about two and a half, three inches long that was ground into the ground with the head down
and sticking up underneath the front wheel of the car. So, um you know, if I pulled out, I would have if I hadn't seen it and I pulled out, I would have had that in the tire.
Um it's just things like that, you know, and the most disturbing of course is um trying to break into my house and um my neighbor George
um he was the one who helped me put that mailbox up and I knocked on his wife, you know, Geette Dumont. Um, and I'm talking about George Canandler. There a
couple. And um, I knocked on the door and I asked Geette, I said, "Did George want his hardware back?" Because, you know, the mailbox has been taken off the post and there's nothing on the ground,
you know, no hardware. And um, she said, "I don't know. I'll, you know, I'll find out." And I was sitting out in the front of my on my front porch one night and George was weeding or something and um
I said, "Gee, George, you know, if you wanted your hardware back, there's a way better way to go about it." And uh he said, "Well, I didn't do it." And I said, "Well, maybe you know who did."
And my grandson came out and we went to Home Depot. We got another thing. We put it in and days later, mailbox is on the ground again. So, this is what I've been going through.
And um I'm sorry, but I'm, you know, there have been really, really low times. And now my grandson's home, and I'm so glad for that. And I have my granddaughter But I just don't know when this is going
to end. But I will, you know, I have to like get things done in an order. I can't get it all done at once. And then um I had put Christmas gifts. I had
done, you know, some Christmas shopping in Target and um I had to get a new phone and um at T-Mobile and I had a T-Mobile bag with the information because I can't
afford an iPhone. So, I got an Android through and it's now through Google and it's a process. You have to have a new email and all that. Well, that was in the T-Mobile bag, all of all of that stuff
and, you know, the instructions and everything about the Google account and password. can't get into it now because the um public works, the garbage collectors,
um they came by and even though the receptacles were on the side of the house near the walkthrough gate, you know, so I could throw the stuff from the from the pile right there, you know, and um I come
home and they're gone. So, and so I called um the utilities um building and pro, you know, the property lady said, "Yes, we have them." And um we'll get them back to you today.
And this was last week. And they brought brand new receptacles with nothing in them. >> Okay. >> So, I lost everything there. So, I don't know whether George and Georgia have had something to do with that, but I've lost
probably Well, my target bill was quite high. >> And um so because their birthday, their both birthdays are in December as well as Christmas. So, >> okay. Excuse me. Um could you please tell me about the backyard? I'd like you
to focus your comments. I let you talk and tell me about the other things that you've been going through, but I need you to >> tell me about your backyard because that's why we're here >> is due to the backyard. Have you have
you made what progress have you made in the backyard? >> Well, I was working on it, you know, when I >> What does I don't know what that means. Well, just throwing stuff out. And um I also had a car, a rent car because I
don't my car is dead um from the alternator. It's an old car, but I still keep it tagged in my driveway so people know somebody lives here. And anyway, um, you know, I couldn't move stuff into the
house with the the sliding glass door was on. I the slide >> the slide. >> I'm sorry. >> Maybe give Can you tell me what it looks like now? Can you
>> It's about the same because I couldn't get into the house because the sliding glass door was off the tracks and it won't move. It still won't move. And my gardener came by um Sunday I think it
was or last Sunday. And um he tried to move it too back on the tracks. He tried it the first time and still can't get it on the tracks. >> Okay. So, it's about the same as it was back in October. Is that your testimony?
>> Um, well, no. I mean, I've been cleaning small areas, you know, like the table and the table. >> I've thrown out some of the old um I had a stand that was that heavy duty plastic
that's kind of um it dries out and then it breaks. And when you say you've thrown some stuff out, just a moment. Um, >> what have you have you put it by? >> Well, the stuff that you see like out,
you know, in the open air, >> I've been whittling that down. That's an old picture. >> Okay. Okay. Thank you. I think that your grand your >> Yeah. >> I think this is your grandson who'd like to speak now.
Madam clerk, if you please state your name and address and be sworn in. >> Al Daniel Prince. I stay in 2600 Art Museum Drive, apartment 55. >> I'm sorry, I didn't catch any of that. >> I stay um Al Prince. I stay on 2600 Art
Museum Drive, apartment 55. >> And what city? >> In Jacksonville, Florida. Okay. And you said your first name is Alfred. >> No, Al L. And is your last name >> Prince? P R I N C E.
>> Okay. >> Prince. >> And if I may ask, um, how are you? How do you know Mrs. Huffman? >> Oh, that's my grandma, ma'am. >> Okay. So, you're the gentleman who called uh
>> Yes, ma'am. I did. I did. Yes. Like I said, we fa to get that done, man. >> I said we fa to get it done. Everything's already planned out. >> Sorry. If you could raise your right hand, do you swear or affirm that the testimony you're about to give in this matter is the truth, the whole truth, and nothing
but the truth. So help you God. >> To help me, God. Well, >> so right now we in the process. Give us two weeks. We will have that thing done. Ma'am, >> you're in the process of of cleaning up the >> Yes, ma'am. I'm making my bed. I'm take
off and I'm gonna come down here ma'am on my off day and get that stuff cleaned out. Like she told me, she said only thing she want that back patio is back patio stuff. >> Back patio like back like lawn chairs,
tables, stuff like that to take all that down. >> That what she said. We can keep the front anything back patio. If it ain't back patio, it has to be removed. We understand that. >> Are you going to put it on the back patio?
>> We clean. We gonna clean it up, ma'am. We gonna make sure it don't look like the picture, man. >> And we've got to get the doors, the sliding glass doors done. >> We can't do that. >> Okay. One at a time. In regards to the
sliding glass doors, let me tell you that it does not make any difference to me whether the sliding glass doors work. >> I understand, ma'am. We >> We understand what they what we what I need to hear is that in two weeks it's not going to look like
that. >> No, ma'am. It's not. >> And when I say like that, >> it's not it's not gonna be like that, ma'am. >> And um >> I just want to say it does make a difference. No, Miss Huffman, you're not test. Let
>> Let Mr. Prince testify now, please. >> Okay. >> Thank you. >> Um, so could you tell me a little bit about what you plan to do? >> We go everything out. We gonna make sure everything looks tidy, man. It ain't
going to look like that right there, man. What you see on the pictures, everything's going to be in order and we gonna have everything done. >> Okay. >> Yes, ma'am. It'll be removed. >> Yeah. Be removed. Everything else that's functioning that it go look tidier. It's
going to be everything will be put in place ma'am >> to follow the code enforcement which I have at the beach. >> Okay. Um stay right there if you will please. Mr. Prince, Miss Beavers, you want to say something?
>> Yes. As Mr. Prince stated um my recommendation would be to allow them up until May 6, that'll be two weeks from today's date to get everything cleaned up um on the property. as he stated, the
items that are allowed to stay are outdoor items such as the patio, furniture, um lawn equipment, grills, those type of things are allowed to remain um outside. Um before May 6, Mr.
Prince needs to contact me or David and so that we can come and do a reinspection to make sure everything is in compliance. Um the daily fines will continue through until >> until day of compliance.
>> Correct. >> Okay. Um >> I'm going to come back to you, Mr. President. Yes, ma'am. >> Is there anything is that something that you can accomplish by >> Yes, I can accomplish, man. I can I can balance it out. Yes.
>> And you will u contact Miss Beavers or Mr. Martin? Yes, ma'am. to allow them to come and inspect the property. Is that correct? >> Yes, ma'am. She told me the first time I talked to her, she said once they get clean, I call me, we'll come out there, we'll inspect it. After we inspect it,
then they'll basically what's going to stop. >> Okay. And you do understand that the fines will continue to acrue. That's $100 a day. I understand >> until we have compliance. >> Yes, ma'am. >> Okay. Um, is there anything else that you want to say right now? So that's So
only thing is the back the back patio back in the backyard. Okay. Yes, ma'am. That's all. >> Okay. Um I see that Mrs. Huffman wants to say something. >> She's helping. She's going to be helping. She doesn't live at the beach, but she'll be here.
>> Okay. >> Thank you. your honor will come back on the 27th um of May to um give an update on
>> Okay. So today's order my an updated order >> Yes ma'am >> will be that uh you have until May 6th. So exc >> Yeah. So if they if uh like she was saying if they get it uh if if uh Mr.
friends gets it cleaned up and and taken care of before the 6 to reach out to call us because that's when the fines will stop. So don't wait until the >> get it cleaned up and then just call us and then we can stop the final but we'll still come back and revisit on the 27th. >> That's all right. >> Did I hear another day?
>> Yes, ma'am. They say May 27th. They will have another hearing after that to come back and make sure everything good, but we have until May 6 >> to clean everything out. And they say >> So what's May 27? May 27 another hearing a that's it.
>> Okay. And just to be clear again, >> Yes, ma'am. >> Mrs. Huffman, the $100 a day is continuing to acrewue. >> Yes, ma'am. >> So, as you heard from Miss Beaver's testimony, we're already over $17,000.
So, it's very important for you to and and be thankful for your grandson and your granddaughter who are here to help you um get it cleaned up. >> I understand. But I don't want them, you
know, that's a real punishment. >> We going to get it, man. We get >> I understand. Okay. Let's just see. Let's see what happens and let's see you know the or I'll issue a new order today
based upon the city's recommendation Mr. uh Miss Beavers and Mr. Martin are um in agreement with you with what you've said Mr. that the property will be cleaned up. >> So, um, yeah, I'm good with that. I have
>> We're good. I'll see you on May 27th. >> Ma'am, I I will judge, I I do need to tell you one thing, though. I'm going back to Mayo on Monday. >> Okay. >> Okay. I have a bladder operation that's going to happen. I don't know when, but
I'm going back for the third time to Mayo. So >> I have a terrible problem with incontinence and my mother and you know the doctor >> but I think that I think that you're very fortunate to have your
grandchildren here and they're not expecting you to actually be doing it. >> I have to do some too. >> I just I don't want him or my granddaughter punished financially. >> This is something that I went through
and the the you are the property owner. You're the property owner and uh the the lean would be on the property. They your grandchildren will not be responsible for the 17,000.
You know, um if you try to sell the property then then that's then >> right >> that you know this will be a lean >> right >> until when I when I bought the property I was married and there was already a lean on it.
We did have to pay a lean on. >> Okay. >> In 1989. >> Okay. Thank you very much. >> Good. >> Um I think at this point, let's see if um what I would like to do is let's see
where we are on May the 27th. >> Um I will issue another order. it will say that we're continuing to acrue and um if need be we will file if it's not um
and on May 27th we can decide whether or not you would like your recommendation is to file the the order as an as a lean. >> Okay. >> Okay. Thank you. >> Is that the next day? >> Yes, it is. >> Okay. But we have to have it done
in two weeks. >> Yes, ma'am. And what time of appointment is what time? >> Two o'clock. >> 2 o'clock. Yeah. I got you. >> Okay. Thank you. Thank you all for being here today. I appreciate it. >> Yes, ma'am. >> Thank you.
>> All right. Um, moving on to item B, case number 25380. Property owner Annie Craig Dial. This is at property address 524 North 18th Avenue, Jacksonville Beach, Florida. This is a nuisance violation.
Um, this is a continuence from our January hearing. As you can see, the property was severely overgrown. Um, it was junk, trash, and debris throughout. Um, the property owner's son
attended the hearing in January. Um, when I completed my inspection on yesterday, you can see that work has been in progress. There were a few guys there.
Um, at the time of my inspection, still removing items. So, um, as of today, your honor, I would like to go ahead and find the property in compliance and close the case. >> In compliance as of today? >> Yes.
>> That's great. Um, >> and that's for the front and the rear. >> Yes. >> Or Okay. >> Um, I would also like to include in that order that the property be maintained, >> right? Um,
so the prior order, let me just take a look at the right. This was actually we just did a continuence from last time. Um, I think that I I'm glad to issue an
order finding the property is is Is anyone here on behalf of >> Yes, Mr. Dial is here. >> Okay. If if you'd like to come forward if there's anything that you want to say. >> Okay. >> Thank you.
>> Um, sounds good. It's wonderful. Thank you very much for your efforts and um we'll issue I will issue a new order of basically finding the property in
compliance and uh requiring continued compliance in the future. Thank you. I don't have anything else on that. >> No, I have nothing else for that. >> That's the end of that one. Thank you very much.
Thank you for coming today. >> All right, you're on to moving on to new business. Um, these are business tax receipts and I'll let the clerk's office >> Okay. Thank you. >> Please raise your right hand. State your
name and position. >> Jody Lindberg, deputy city clerk, certified state of Florida business tax official. Do you swear affirm that the testimony you're about to give in this matter is the truth, the whole truth, and nothing but the truth? So, help you go. >> I do.
>> Uh, thank you very much for being here. Um, so this is on a a failure to pay a business tax receipt. Um, and I gather that or please tell me did
was any notice provided to >> Yes. So >> yeah, a little background information. Um, city code of ordinance chapter 15 for local business tax receipt um is in line with Florida State Statute section 205-053
regarding uh local business tax due dates, delinquencies, and penalties. Um, all renewals are mailed for the within the first week of August 2025. >> Okay. A courtesy second and final notice was mailed the first week of October
2025. We mailed out approximately 3,050 local business tax renewals. >> That was in August. >> Yes. >> And then um and then you you send out a reminder.
>> A second and final notice was mailed out October 1st. >> Okay. >> To the remaining businesses. Um, also as a courtesy, email notifications were sent out the first week of November 2025 and the first week of February 2026.
Personal >> I'm sorry, let me let me I'm trying to jot this down. >> Okay. >> Um, the courtesy notice was sent out November one. >> Courtesy emails. >> Courtesy email. Thank you. November one. >> Yes.
>> And then again February one. >> Yes. And did that in I'm assuming that that includes level uh the level of fitness LLC. >> Yes. And if I echo salon.
>> Well, let's just do one at one time. Yes, ma'am. >> So, okay. Um, >> after the second email notification were sent out February 2026, um, the city clerk's staff made personal
phone calls to any delinquent businesses, the last week in February of 2026. At that time, all the delinquent businesses were informed that as of March 1st, a $250 penalty fee would be
added and possible legal actions. >> Right. >> March 17th, 2026, a legal demand letter from the City of Jacksonville Beach legal department was mailed out certified mail and regular mail.
>> That was March 17th. Yes. >> And that was a letter from the city attorney's office. >> Yes. Giving them two weeks to come into compliance. >> April 7th, 2026, a notice of hearing was mailed. Certified mail.
>> What was the date? >> April 7th. >> Thank you. And on April 8th, um the notice of hearing was also handd delivered by David Martin
and it was given directly to the business owner, Brandon Floyd. >> And when you say hand delivered, it was hand delivered to the address? >> Yes. Here in Jacksonville Beach to the business. And that address is 311 that you know north. >> Yes.
>> Okay. Okay. >> Have you heard anything since April the 8th? >> At 1:50 this afternoon the business owner came in and did pay in full and he is now in compliance.
Were any penalties or fees associated with it? >> The amount of $349 was paid in full and that included the 250 penalty and late fees. Okay, I'm going to issue an order and
I'm going to find that they're in compliance as of today, but I'm going to make a notation that um he was late or or the company level of fitness was late. Um and
um not that it is going to make a huge difference if he's late again next year, but um we'll have a record. Um, could you um I know it was the $ 250, so there was $99. Was that the $79
and plus the 25%. >> The original amount is $7920 and then $269.80 is included of the late fees and the additional penalty. >> Perfect.
>> Okay. Um, I will issue an order uh with that uh with that record included. >> Next case by echo 26-458. >> Same exact situation but they paid yesterday. >> They paid yesterday.
>> So they are in >> the same amount. >> Yes ma'am. >> Okay. So that's bayum. Um from my review, I don't see anything in regard in the either in the statute or in the city
code that um that there's any kind of assessment if it's a repeat violation. Um are you aware of any? I I looked through both the state statute and the city code. I did not see anything. Not
to my knowledge. Um there from my understanding there isn't anything other than the additional $250 penalty and the legal process that we've established
with our legal department here. We do know that um and I'm not suggesting that for for necessarily for today's hearing, but I do know that um that uh attorney's
fees and costs can be um uh can be required to be paid. I know that we had one here in Jackson Beach several years ago. >> Yes, ma'am. And um that was a a case
where the um business owner had not paid for several years >> and attorney's fees were assessed against that person. >> Yes, it was. >> So um you know I I think that that might be something that the city may want to think if we're going to continue to have
repeat offenders. Yes. It sounds like um this year was much more successful uh with only two delinquent pay well >> two that got to this >> severely yeah severely delinquent. Right. Okay. Well, thank you very much
for for uh the record and uh we'll get that we'll issue a report today or an order. Thank you. >> All right, your honor. Moving on to item C under new business and the case number
is 25405. Property owner Derek Benson Benson um violation address at 3523 First Street South Jacksonville Beach. Um the violation, no building permit was
obtained for the accessory structure that was um added onto the property. Mr. Benedict would not be able to be present today. He is in California. Um
he did speak with the building official and um attempted to submit a building permit application for the structure. Um, after speaking with the building official, he was informed that the structure exceeds the 35 foot height
limitations. So, the structure would need to be removed. >> Can it just be lowered? >> It would need to be removed because the deck already is at the 30 foot 35 foot um height limitation.
>> When you say the deck, I don't know what you mean. So the bottom half I don't have a Okay. >> So for the record, we're referring to a Nove is that a November 18, 2025
photograph? >> Yes. >> Is it still look like that today? >> Yes, your honor. Um, as you can see, this is my Oh, shoot. Michaela. I know that you included some photographs in the
>> Yes. >> package. >> It was April 8th. >> April 8th. >> Yes. >> That's what it looks like from kind of from afar. >> Yes. And so the structure is still there. >> And what's the what's the
item the letter on the right that you're showing? That was the notice of hearing that was posted on the property. >> Okay. >> So, the bottom half of this, he added the pergola. That's >> okay. >> On top.
>> Did your pointer work? >> Yes, but it's not pointing on the screen. It's going everywhere. >> Oh, yeah. You can't use Okay. So essentially it's a top. >> No, that's okay. >> Okay.
>> It's okay. Um, Miss Beavers just described we're looking at a photograph. The bottom of it is turquoise in color. Above it is wood with a railing and then above that is a a roof line.
>> Correct. Okay. >> The the the the everything above the railing. >> And can that simply be removed? Um yes, he I spoke with the property owner. He stated that he has hired a contractor
and that they would have it removed within um the next two weeks. And I can I have a copy of the survey that um shows what they were initially approved for. >> What they were initially what >> approved for?
>> By whom? um the building department and I'll let Christian um with planning and zoning speak a little bit more on that. >> Okay. So, okay, I'm looking. Okay. >> Hi, Christian. Please raise your right hand, state your name and position.
>> Christian, senior claim. >> Uh do you swear in affirm that the testimony you're about to give in this matter is the truth, the whole truth, and nothing but the truth. So, I hope you got it. >> I do. Uh I'm gonna give this to you, but uh this is the architectural plan from when
the deck was originally approved. Okay, that is I do have something that was given to uh me with the agenda packet and it has at the very top a file copy
code compliance review for code compliance city of Jack Beach dated 1215. I can't quite make out the year. >> Uh 121312 is what I've got on mine. It sounds like the same thing.
125 12. >> Is that what you are referring? Let me ask >> double checking real quick. >> Okay. >> It sounds like the same thing. This one's a little bit bigger. I put a little map to kind of explain it. But um the height is measured in the charter
from the crown of the road to in this case the top of the railing. So the architecturals show 42 feet 9 in at the top of the railing, but the crown of the road is 9t 3 in. So basically you just subtract the crown of the road from the total height and you end up with 35.
>> So the top of the rail was appropriately correct and that is what was approved back in December of 2012. >> That's correct. Yes. >> Okay. And um when was
so do you know when this part that was approved in 2012? Do you know when that was constructed? >> Not long after that. You can go back on the aerial images and you'll see the deck goes >> and and do
and then sometime there after then without a permit uh the the the roof if you will was constructed is that >> yes I'm not sure the exact date when they were cited but it was within the last year
>> within the last year. So, November 18th, I was when I heard >> it was certainly in place as of November 18, 2025. >> I think that's when Yeah, they noticed the the violation. So, >> and let me just be clear. Um, no
no building permit was issued for the what I'm just going to call the roof. Correct. And um and so you're you wanted me to you're here to make sure that I to testify that the to the top of the rail is acceptable.
>> Yes. And if you have any questions on how the height is determined, but >> Okay. And um last but not least then uh if I could ask Miss Bever to come back up. Thank you, Mr. Pop. >> Yes. Um,
now that I've got some of the facts down, >> could you I believe that you told me or testified that the homeowner contacted you and said that they would remove the portion that is um illegal. >> Yes, your honor. um after he spoke with
the building official George Knight and was informed that there were no um other options um for the structure other than to remove it. He agreed that he would have it removed. Um he did hire a
contractor and he said the contractor would be there within the next few weeks and once it's completed he would contact me to verify the compliance. Okay. And what is your recommendation at this time then?
>> My recommendation is to come back on May 27th to verify. >> Okay. >> Compliance. >> Okay. No problem. I'll issue an order to that effect. >> Okay. >> Is there anything else in regards to this matter?
>> Nope. That concludes and that concludes all the cases that we have for today. >> Okay. Thank you very much. I don't have anything. Appreciate everybody's um u attendance today and testimony. >> Thank you.